Opinion
2001-00949.
Decided March 1, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered January 10, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (M. Chris Fabricant of Counsel), for appellant.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER, and WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review many of the claimed instances of prosecutorial misconduct and we decline to review them in the exercise of our interest of justice jurisdiction ( see People v. Taylor, 296 A.D.2d 512). To the extent that the argument has been preserved for appellate review, the defendant was not deprived of a fair trial by prosecutorial misconduct ( see People v. Crimmins, 36 N.Y.2d 230; People v. Adamo, 309 A.D.2d 808; People v. Daly, 98 A.D.2d 803, affd 64 N.Y.2d 970).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.